asd and the criminal justice system
arie smith-voorkampâ&#x20AC;&#x2122;s
battle for justice
asperger syndrome in the criminal
justice system
autism and criminal offending
keeping safe feeling safe

in
this
issue

Living or working with
Autism and searching for
credible knowledge and
information?

4

Battle for Justice

8

Asperger syndrome in the Criminal Justice
System

Arie Smith-Voorkamp and the tale of two
lightbulbs

Aspiehelp provides practical advice for
corrections professionals

10

Justice and the Criminal System

12

Autism and Criminal Offending

16

Keeping Safe Feeling Safe

18

Book Review

Simon Buckingham ‘the Aspie Lawyer’ gives
legal advice for people on the spectrum
Clinical Psychologist Tanya Breen’s research
into autism and the judicial system
People First’s project promotes a zero
tolerance stance on violence towards people
with a learning disability
Catherine Trezona reviews ‘Autism Spectrum,
Sexuality and the Law’ by Tony Attwood,
Isabelle Hénault and Nick Dubin

Welcome to the summer edition of the Altogether
Autism Journal. In this issue, we explore the
specific challenges for people on the spectrum
when they encounter law enforcement and criminal
justice systems.
This edition considers the view of both people on
the spectrum who have become entangled with law
enforcement agencies, and families and professionals
who support them.
Because people on the spectrum can sometimes
behave in a way that is not well understood by many
front-line law enforcement agencies, there is an
increased risk of misunderstanding and inappropriate
incarceration.

paula gardner

National Manager, Altogether Autism

@

contact us

www

read online

info@altogetherautism.
org.nz

The key to avoiding these misunderstandings is
increased awareness and education. Altogether Autism
now offers the PRISM Professional Development
Series, which provides up-to-date, evidence-based
information and strategies for professionals. PRISM
has been developed in consultation with Tanya
Breen, Consultant Clinical Psychologist, and with
our Consumer Reference Group. The programme is
delivered by specialist facilitators. The workshops can
be tailor-made to your specific requirements, and can
be delivered nationwide.

@altogetherautism

In July, the 2015 Altogether Autism Conference
continues this theme of awareness and education.
We are currently inviting submissions for speakers
and workshop presenters from people with ASD,
and from professionals who work with people on the
spectrum. If you would like to submit an abstract, or
register to attend, visit altogetherautism.org.nz for
more information.

free phone

From myself and the rest of the team at Altogether
Autism, we hope you enjoy this edition, and the last
few weeks of the beautiful New Zealand summer.

On 22 February, 2011, Christchurch was hit by
the most violent earthquake yet experienced. The
7.1. in 2010 was of greater magnitude, but this
6.2 travelled faster, first horizontally and then upwards right under the CBD at almost twice the
speed of gravity.
This effectively brought down all the old and damaged
buildings still tottering after the first earthquake,
although the buildings which killed people were actually
much newer. Police and Search and Rescue personnel
flooded into the city from all over NZ, Australia and
even further afield. The Army was mobilised and we
had the bizarre sight of tanks in our streets. The CBD
was declared a “red zone” and no-one was allowed in
without a permit from one of the military gate-keepers.
The first week after the quake was full of news about
the loss of workers in two buildings and drastic
rescues from others. The effect on our brains and
bodies was immediate, not all of it recognised as
potentially damaging for us. Aftershocks continued
day and night at all different magnitudes. Some of us
got used to them and some fled the city in terror. I’d
say that most people suffered some kind of “brain fry”,
including the people who came to help. This is the only
way to explain some of the really inexplicable actions
that followed in the weeks and months (and years). At
the present time (January 2015) we have experienced
over 14,000 quakes and aftershocks.
Arie was about 20 years old at the time of the quake.
He had spent the larger part of his life in foster care and
also in Hillmorton (Sunnyside) Hospital’s Adolescent
Unit, where he had been diagnosed with Asperger
Syndrome and a less than average IQ. As we know,
this kind of diagnosis means little for a person on the
Autism Spectrum. Arie’s great strength and interest
was in old fashioned electrical fittings and wiring. He
could draw very complex wiring diagrams and talk
about these things for hours. He was loved by his foster
family and had learned good manners from them.

4

At the time of the February quake, Arie was flatting
with his friend Michael, in Addington, outside the red
zone, not far from Lincoln Road and the tattoo parlour
which had shared a very old building (probably 100
years old). This building was semi-demolished by the
first earthquake and had been fenced off ever since,
awaiting proper deconstruction. Arie passed by this
building every day. As the front had fallen off, he could
see inside and had spotted a couple of old lightbulbs
in their packets on a shelf inside. In the past, he had
often asked permission to go through buildings being
demolished to find anything of value to him, and had
never been refused.
After a couple of Friday night beers, Arie thought it
would be an excellent scheme to go and get those light
bulbs before they were destroyed in the forthcoming
demolition. Michael tried to dissuade him, knowing that
this was not a good time to be doing that (looting had
already begun in the city and people were righteously
indignant and trigger happy about it). Alas, Arie was
sure this was not looting but saving. He took a torch as
it was getting dark, and entered the old building by the
back way. While looking around inside, (with his torch),
a police car drove by and those in the car thought they
had caught a looter “in the act.”
They rushed into the building and grabbed Arie,
who had panicked and tried to hide. Arie screamed
several times that he has Asperger Syndrome but no
notice was taken. He was hysterical and three of these
people threw him to the floor and sat on him. Arie is a
very fragile, small person and it’s a wonder he didn’t
suffocate. He was screaming so much they elbowed
him in the temple twice to make him be quiet. The
damage to his face could be seen in the photograph
which was released to the Press the next day. 10 days
later the bruising still hadn’t healed. The bruising also
made him look quite unnatural and Michael Laws
described him as “feral” (Star Sunday Times, 13 March
2011). Actually, Arie is a good looking young man when
not disfigured by beatings.
Arie had in his possession two old incandescent
lightbulbs still in their cardboard containers, a
screwdriver and his torch. Michael and Arie were taken
into custody. Michael “had form”; even though he was
outside the building begging Arie to come out, he was
caught up in the event. They were sent to Paparua
Prison and incarcerated for 23 out of every 24 hours
until the legalities were sorted. Fortunately they were in
the same cell. Arie had never been in any trouble like
this before and was put on suicide watch.

ALTOGETHER AUTISM JOURNAL • SUMMER 2015

Arie’s foster sister began to try to find support to
help release Arie on bail. She knew that Arie was too
fragile to be able to cope with prison life. She tried
every organisation she could think of, including the
ASK Trust in Christchurch. Jan Brooking and I were
still on the Board of Trustees then, although we had
just begun to organise Aspiehelp. However, neither
Jan nor I had any pressing things to do and we set
about seeing what we could do to help. We first tried
to arrange visiting at the Prison by a Prison Chaplain,
and then we received an email from Paula Jessop in
Tauranga saying that Aspies around the country were
donating money to send Simon Buckingham (The “Aspie lawyer”) down from Auckland to negotiate bail
for Arie.
I met Simon from the
airport and took him
to Arie’s foster mother,
Kate and his sister. He
had all the legal forms
ready to sign, and after
that we went to a friend
of mine, a JP, to stamp
and sign them. Then we
rushed out to Rangiora
to the Courthouse, where
hearings were being
held in those early days.
Unfortunately, we were
too late, and so rushed
back to Christchurch for Simon to submit the forms to
the Christchurch Police. The next morning Kate drove
Simon to Rangiora and they were able to bring Arie
home. Michael unfortunately had to stay in prison for
another 3 months.
Over the next few months various reports on Arie,
dating back over his life, were furnished to make the
case that he should not have been prosecuted. Three
different Judges sent the case back for the Police to
reconsider prosecution but (as Jan and I attended the
hearings), it became clear that they were acting upon
orders “from Wellington”.
Minister Collins had made highly prejudicial comments
to the Press just after Arie and Michael were arrested
and had to retract one comment she made about
“hoping he would go to jail for a very long time- with
a cell mate”, the inference being that she hoped he
would be raped in prison. Oh, no, of course she didn’t
mean that. It appeared that Minister Collins resolved
from the beginning that Arie would be her poster boy

for deterring looters. Unfortunately, she chose the
wrong person. Publicity was approved from day one
and Arie’s beaten face appeared in the public media
all around the country. What happened to “innocent
until proven guilty”? The day after Arie was arrested,
a looter was found with two emergency generators
he had taken. He never received the attention that
Arie did.
The Sunday TV programme made an excellent
documentary about this case, (“A tale of two lightbulbs”), including Arie going to meet the elderly owners
of the building. They thought he was lovely and invited
him to stay for a cuppa. Later it was said that the
Police asked them to make a complaint about unlawful
entering etc. They were
said to be reluctant to
do so but bowed to the
wishes of the Police.
I put up a Facebook
page which had over 400
members at its peak. I
spent hours responding
to every comment that
was
inaccurate
and
untruthful and also wrote
a letter to the Sunday
Times in response to
Michael Laws’ vicious
and vituperative attack
on Arie. They must have
liked my letter, because I was awarded “Letter of the
Week”! The Sunday programme and, I guess, the
Facebook page helped to change the tenor of public
opinion in support of Arie.
Finally, it was ordered that Arie receive an up-to-date
psychiatric assessment. Unfortunately on the day of
the appointment, snow fell heavily and the appointment
was postponed for another month. Finally, all was
done. The report basically said what everyone else
had been saying. Jonathan Eaton, QC, working pro
bono, attended the hearing where it was confidently
expected that the case would be dismissed.
The Police withdrew the case, to a rather brusque
response from the Judge “about time too”, and the
two men were free to go. It was so sudden that they
stood still in the dock, uncertain as to what had just
happened. We beckoned them and out we all went
into the sunshine.

ALTOGETHER AUTISM JOURNAL • SUMMER 2015

5

7 July 2011
The Editor,
The Press
Christchurch
Dear Sir
Arie Smith-Voorkamp, aka “the face of looting”
This unfortunate label persists to Arie’s detriment. His case has already been extensively mis-reported
and public opinion skewed against him.
The Police also, despite knowing the facts of the case, persist in seeing him as an evil, conniving career
criminal who deserves nothing less than a long term of prison as a “deterrent to others”.
This is so far from the truth it is ridiculous but not amusing. This morning Arie has been remanded for
the 6th time because the Police refused to consider diversion for him. The original event was back in
March, when the town was horrified to hear of people stealing emergency generators etc from inside the
red zone. Feelings were understandably running high but Arie was not aware of this or even the concept
of “looting” when he went exploring in an earthquake damaged, (September 4th) collapsing, very old,
commercial building near his home in Addington.
Arie, as is well documented, has Asperger Syndrome. Some of the traits of Aspergers’ manifest in
Arie are a somewhat naïve attitude to life, an inability to understand some of the complexities of living
amongst non- Asperger people, and a very strong fascination for (in his case), things electrical. In the
past, Arie has often sought to go into buildings set for demolition to find anything he deems interesting,
and has always been allowed to do so. He had a small collection of old marble switchboards and bits
of light switches and other old electrical paraphernalia which he enjoyed adding to. Nothing of any value
to the previous owners.
On the night in question, Arie (25) had had a few drinks with his mates and decided to take a look at
the old shop. He didn’t have to break in, its walls were down anyway. Because it was getting dark,
he took a torch and it was this that alerted passing Police to his presence. He was apprehended and
severely beaten and jeered at. His friend who was standing outside telling him to come out was also
beaten. The “loot” was two incandescent light bulbs in their original and very old packaging. This was
not even recorded properly by the Police. Arie would have had screwdrivers because you need those
when retrieving such items. There was nobody to seek permission from and the shop was clearly toast.
What harm could there be in taking away something which would only be crushed by a bulldozer later?
Arie’s friend, to his credit, tried to dissuade him from going in, but his naivete and previous encouragement
to help himself contributed to his feeling of not doing anything wrong.
Arie’s naivete is demonstrated by the fact that (a) the shop was on the main road, (b) he went in, in the
dark with a torch (c) he risked his life in the very dangerous building.
On being apprehended, Arie told Police he has Asperger Syndrome but they beat him anyway, as can be
seen in the photograph taken at the time. He was then put in prison instead of being released on bail, a
period of just over a week. Arie’s friend has previous convictions, but Arie himself has not.
Arie‘s foster family, who have known him since he was 12 years old, love and support him and have
clearly been a great influence in his life. He is well mannered and well-spoken and is not a criminal. There
was no intent to “loot”. Why do the Police continue to make such an issue about Arie? By all means
throw the book at the generator stealers. These were deliberate acts of an entirely different order of
magnitude, and the refusal to acknowledge that Arie’s diagnosis has a bearing on the case is a refusal of
Human Rights. Three Judges have sent the Police back to reconsider their opposition to diversion. The
message could not have been clearer, but “Head office” in Wellington thinks it knows better.

6

ALTOGETHER AUTISM JOURNAL • SUMMER 2015

The Police should be charged with “wasting the Court’s time” in my opinion. They surely have more
important people to bring to book. Arie has the right to bring a charge of assault and at first demurred
from doing so as he did not want to bring the Police into disrepute. By their actions on that evening and
by their contempt of a person with a disability the Police have certainly tarnished their image.
Arie is now fully aware that he overstepped a line he had not known about. He wants to get on with his
life and seek employment away from Christchurch. A person with Asperger Syndrome does not need
hysteria and punishment to “learn a lesson”. A quiet and reasonable discussion/explanation works far
better than emotion and force. With 1 in every 100 people in New Zealand having Asperger Syndrome or
Autistic Spectrum Difference, the Police should make it their business to learn more about this condition
so that people can be treated appropriately.
To beat up a slight and gentle person such as Arie is simply thuggery and was completely unnecessary.
The Police on that occasion did nothing to enhance the positive image that they generally enjoy in this
city. To the credit of subsequent officers, once a lawyer was involved, Arie was treated with respect.
However, it seems unlikely that these officers have anything to do with the witch-hunters now pursuing
him with cries of vengeance. To Arie’s credit, he bears no malice towards the Police as a whole and has
been reluctant to press charges of assault.
Thanks to Police stone-walling tactics, Arie has now been remanded for the 6th time and the time
allowable for Police to approve an application for diversion has apparently ended (what a coincidence!).
If the Police cannot tell the difference between a genuine criminal and an open and truthful, unresisting
person such as Arie, it is a sorry state of affairs.
NZ Police need to learn about Autism Spectrum Difference as well as mental illness, in the handling of
which their track record is also besmirched. It is to be hoped that this training will be inaugurated as soon
as possible, before any more such incidents occur.
Yours faithfully,
Leith McMurray
Mentor and Counsellor,
www.aspiehelp.com
Follow our Facebook page “Justice for Arie Smith-Voorkamp”

ALTOGETHER AUTISM JOURNAL • SUMMER 2015

7

asperger
syndrome

in the criminal justice system
Compiled by Jan brooking of aspiehelp
with acknowledgements to Judge Kimberley Taylor, Dr Gary
Mesibov, Dennis Debbaudt (2009). Modified and Reformatted for an
AS population by Nomi Kaim.

What is Asperger syndrome?

Asperger syndrome (AS) is a neuro-biological
difference which appears in utero. A person with AS
has a brain which is ‘differently wired’ from birth with all
the attendant consequences of this.
AS involves difference and difficulties in several areas:
social interaction; communication; the presence of
repetitive behaviours (stimming); difficulty in adjusting
to change, and heightened sensitivity stimuli such
as sound, lights, crowds, smells and textures (e.g. in
clothing. General intelligence is not affected and often
the IQ of individuals with Aspergers syndrome can
be exceptionally high. AS appears more frequently in
males than females. About one in every eighty persons
is affected by AS.
People with AS often get into trouble without realising
they have broken the norms and rules of society. They
have problems with sensory overload; poor social
awareness; are easily confused by figures of speech
and have an inability to deal with changes in routine
and structure. Poor understanding of non-verbal
communication (body language) is a factor which
makes more appropriate responses to society very
difficult for someone with Asperger syndrome. What
appears as anti-scoial behaviour to the ‘regular’ world
is often simply the manifestation of the AS person’s
social misunderstandings.
People with AS can be inconsistent processors.
Emotional lability and/or impulsivity often appears
in individuals with AS. They may display changeable
emotions and can be anxious one minute and calm
the next, or vice versa. They may also understand one
question perfectly well and then be perplexed by the
next question.
A person with Asperger syndrome might display
these behaviours and characteristics:

• An inability to quickly process and respond to
requests, commands and questions.

8

• Have trouble conceptualising and putting
together information in complicated and stressful
situations.
• Be a poor listener, seem not to care about what
you have to say
• Many have extreme difficulty with eye contact. Not
looking at the speaker does not mean they are
not listening.
• Be unable to deduce what others are thinking and
why they are thinking it.
• Make statements that seem tactless or brutally
honest.
• Have difficulty understanding slang terms,
innuendo, colloquialisms, figures of speech, or
jokes.
• Not notice or have difficulty interpreting
communications such as rolling of eyes, raised
eyebrows, and other non-verbal signals of
frustration or disbelief. (84% of communication
relies on non-verbal delivery!)
Interview techniques

So what can Corrections staff do to prepare for
interactions with people with AS? Try to avoid jumping
to conclusions or making attributions based on unusual
behaviours. Remember that AS presents as a social
impairment. A component of the social impairment is
that many of the things individuals with AS do appear
impolite or disrespectful. Corrections staff who interact
with and question people with AS will enjoy the best
opportunity for success by incorporating the following
strategies:
• Approach in a quiet, non-threatening manner. Use
the person’s first name.
• Talk calmly in a moderate voice.
• Do not interpret limited eye contact as deciet,
disrespect, or failure toa listen to what is being said
to them.
• Avoid metaphorical questions that can cause
confusion when taken literally, e.g. ‘Are you pulling
my leg?’, ‘Cat got your toungue?’, ‘What’s up your
sleeve?’, ‘You think that’s cool?’, ‘Pigs might fly.’
• Stand or sit calmly and avoid using body language.
People with AS may misinterpret body language as
threatening.
• Understand that you may need to repeat and
rephrase questions. Ensure that each question is
short, direct, and concise.
• Understand that communication will take longer
to establish. Much patience is necessary because
impatience will heighten anxiety in a person with

ALTOGETHER AUTISM JOURNAL • SUMMER 2015

AS. Plan the questioning based on the person’s
communication ability.
• Use simple and direct instructions and
allow for delayed responses to questions,
directions, and commands (up to 15
seconds!) Deal with one issue at a time.
Sometimes it may be useful to write something
down or draw it for the person with AS. If in doubt
write it down. If they are in doubt, let them write
it down. The visual skills of a person with AS
are sometimes considerably stronger than their
auditory skills, and reading it over will give them
more time to process what you have said.
• Seek assistance from objective professionals
familiar with AS and preferably on the spectrum
themselves.
Environmental accommodations

People with AS may have difficuties in that they are
over-stimulated by the sensory environment - sights
and sounds and smells and touch. Noises are louder
for them. Normal background noise that may seem
negligible to the average person can be completely
overwhelming to individuals with Asperger syndrome.
When this occurs, not only can they not hear what
people are saying, but they can sometimes become
very anxious and even terrorised by the situation or
the noise. Additionally, lights are often brighter for
those with AS. For example, when a person with AS
is outside on a sunny day, the light may be very harsh,
causing the person to become upset. For the person
with AS, it would be like someone shining an intensely
bright flashlight in their eyes. In many environments,
the lighting itself causes distress (e.g. fluorescent).
Intense sensitivity can involve any of the senses
and interrupt functioning on many levels

about personal feelings; sharing personal information,
and contributing comments about others will be difficult
conditions for the person with AS to meet. Corrections
professionals can find success with the AS population
when they create diversion or probation programmes
that:
• Use language and terms the person will
understand
• Avoid the use of technical terms.
• Involve people the individual knows and trusts.
• Describe beforehand the people the individual will
work with and the venues in which they will meet.
The use of photographs is helpful. Assure the
individual that the new people are safe to be with.
• Make use of the individual’s strong rote memory skills.
• Teach the rules of the programme with visual aids.
• Create a chronological list of the steps of
the program. Make sure nothing is left out!
• Develop
a
poster
with
bullet
points.
• Discover what is important to the person
with AS. Rules which may seem illogical to
a person with AS need to be explained or
acknowledged as illogical but necessary.
Important:
An individual with Asperger syndrome may be at risk in
the general prison population. For short-term custody
consider segregation, monitoring, and a professional
medical and developmental evaluation.
Incarceration will be fraught with risk for the person and
anyone in contact with him or her. The direct manner,
often offbeat behaviours, and other characteristics of
the person with AS may be read by other inmates as
an invitation to exploit and control.

Adjustments in the environment can be crucial to the
successful interviewing, treatment, and rehabilitation of
inmates with Asperger syndrome:

People with AS can be physically quite fragile and
pressure on the upper body especially runs the risk
of suffocating the person. It is essential that meltdown
behaviour is treated in a calm awareness of the physical
limitations of the person.

•
•
•
•
•

Corrections professionals who work with the
incarcerated AS population will benefit greatly from a
comprehensive training - or at least a good briefing
- and ongoing assistance from a professional who is
familiar with AS and preferrably on the spectrum.

Keep lighting low
Use Subdued Colours
Limit distracting images and noises.
Eliminate the presence of non-essential personnel
Avoid using perfume, after-shave, and scented
soaps
• Avoid touching the person with AS as much as
possible
• Take requirent breaks as the person may have a
short attention span
Other considerations

Meeting with strangers; holding group discussions

Some people have described AS as a culture. The
cultural differences of Asperger syndrome come from
the way the brain works. There are differences in
understanding and perception. Positive outcomes for
such inmates are dependent on the resourcefulness,
knowledge of AS, patience, and understanding of
those working alongside them in the prison.

ALTOGETHER AUTISM JOURNAL • SUMMER 2015

9

justice and
the criminal
system
by simon buckingham ba (hons), llb
Whilst a Waikato Law Student, I heard rumours
that at another Law School, students are told
that if you are looking for justice, do not go into
law. Whilst I think that this is a very cynical view,
for those of us on the autism spectrum, (AS), I
think that this is also very true. Since becoming
a Barrister in 2008, I have done a fair degree of
work in criminal and employment law, and I see a
lot of AS people treated outside the law.
I will not go into chapter and verse, but the Human
Rights Act (1993) tells us that we cannot be
discriminated against based upon disability. The
Lawyers and Conveyancers Act (2006) states that we
have to represent our clients to the best of our abilities,
second only to our duty to the Court. That means that
we have to do the necessary work to defend a client
on criminal charges, whether legal aid or private, and
whether pro-bono or for lots of money.
I state here for the record that in my opinion, the vast
majority of Lawyers are letting us down and failing to
represent us properly.
That above statement could get me into some
trouble, as we are not allowed to bring the profession
into disrepute, but my argument is that in our
autism community, it is already in disrepute and for
good reason.
Many of us have had our brushes with the law. Over
the five or six years I have been in practice, I have seen
two main types of offending from AS people. The first is
through misunderstanding. For example, when a client
lost their driving licence for three months, he took it
literally, and after three months started driving. No-one
told him he had to re-apply. The second is through
breaking the law due to the neurodiversity issue. Here
I am reminded of the young person self-medicating
on cannabis. To get out of the clutches of the Black

10

Power gang who were putting a hold on him, he grew
his own three plants. Black Power reported him to the
Police, and he got almost three years imprisonment.
When it came to sentencing, I tried telling the Judge
about ADHD and Asperger’s. I was cut short with the
comment that His Honour had a family member who
had ADHD so he knew all about it.
Most criminal and employment charges we face could
be reduced or even dropped if the prosecutors had a
better understanding of neurodiversity. Being AS may
not be an excuse to break the law, but as a mitigating
factor, it can reduce our sentence. Indeed, it can be the
reason why we are innocent. Let me explain.
A crime needs two parts. We have the Actus Reus.
This is the actual committing a crime. The action itself.
The act of punching someone on the nose for example.
Then we have the Mens Rea. The intention to commit
a crime. We know it from US TV as criminal intent. So
did I punch him on the nose because I do not like him,
thus committing a crime, or because he was about to
stab me, meaning that it was in self defence?
The Mens Rea is important. If I am given a nice potted
plant that turns out literally to be a pot plant, and
I did not have any idea, I have committed no crime.
Obviously we have to show that I did not know, as
otherwise every hardened drug cultivator would say
“Cannabis? I thought it was hemp to make nice bags
from. I had no idea! Honest Judge!” However, if I can
reasonably show that I had no intention of committing
a crime, then I am usually innocent.
This is where we go wrong as Lawyers. If you are a
Criminal Lawyer or a Police Officer reading this, the
first thing I would do is shake your hand for expanding
your horizons. The next thing I would do is ask you to
consider asking everyone you have before you if they
have any sort of disability or diagnosis. If they have
a neurodiversity diagnosis, seek further advice. Call
Altogether Autism and see what they can do. After all,
this is at least a possible mitigating factor.
So as an Aspie or Autistic person, how do I deal with
the legal process? Here are some simple tips that
may help.
Police
When you are stopped by the Police, try to comply
with what they ask of you if it is reasonable. Sometimes
it is better to agree to an unjustified search for example
than argue. However, if you feel uncomfortable or
scared, tell them that you are on the Autism Spectrum,

ALTOGETHER AUTISM JOURNAL • SUMMER 2015

and want a support person please. If they do not
allow you one, then they are in the wrong. However,
don’t tell them, as that can raise tensions. Just try to
be compliant, and then speak to a support person or
Lawyer afterwards. Better to lay a complaint afterwards
than be arrested for being difficult. If they do arrest you,
demand to speak to a Lawyer, as it is your legal right,
and tell the Lawyer that you are Autistic. Make it clear
so that the Lawyer can make sure that you get the
support you need. Not to do so is discrimination under
the Human Rights Act and therefore illegal.
Courts
When you first see a Lawyer, tell them that you are
on the Autism Spectrum. Discuss whether you did
what they say you did, and if it was AS related, tell
your Lawyer. As I said, these can be mitigating factors,
so it is important that they are aware of this. If your
Lawyer will not take this into account, insist on a
second opinion. If not, you can ask to speak with the
Senior Duty Solicitor, or if a private Lawyer, you can
seek advice from the Law Society. Advise your Lawyer
that they can get information from Altogether Autism if
they need further information, but that AS is a possible
defence, or at least a possible mitigating factor. At the
very worst, when in Court, tell the Judge that you are

Autistic, and your Lawyer will not listen. The Judge is
likely to stand the matter down for an hour or so for you
to get appropriate advice and support.
Prison
This is probably the worst area for AS people. Many of
the professionals in the prison system do not properly
acknowledge the issues, though I have met some
amazing prison Psychiatrists who are supportive. If you
are unfortunate enough to be sent to prison, tell the
prison Doctor that you have a diagnosis, and insist on
getting the support you need. If you get nowhere, you
need to write to your Lawyer to seek further help.
In conclusion
We do get a bad deal in the legal system. We are often
treated unfairly and not heard properly. Whilst things
are changing, this is not happening nearly quickly
enough. As such, we have to accept the realities of the
situation, however unpalatable, and do our best with
what we have.
The golden rule is to be polite, answer questions as
best we can, and make our diagnosis clear to whoever
we are speaking to. If in doubt though, seek support
from someone you trust, and who knows how AS
neurodiversity affects you.

Simon Buckingham is the principal
barrister at Buckingham Law in Auckland
and a member of the Altogether Autism
Professional Experts Group. Simon prides
himself on being New Zealand’s first
diagnosed and identifying lawyer with
Asperger syndrome.
Simon’s main areas in law are Employment
Law and Criminal Law, but more
importantly, Simon advocates for people
who identify as disabled.
Simon’s approach is to try and resolve
situations and problems in a friendly
and informal manner. Simon says “legal
avenues should be a last result resort, and
the first step should be negotiation and
mediation if necessary.”
www.buckinghamlaw.co.nz

ALTOGETHER AUTISM JOURNAL • SUMMER 2015

11

autism and
criminal
offending
by tanya breen - consultant clinical
psychologist, private practice, hamilton &
clinical consultant, altogether autism
When, in 2004, I wrote “Contact with the Justice
System” (Section 5.3 of the New Zealand Autism
Spectrum Disorder Guideline), there had been
little academic or legal research into autism and
criminal justice.
The guideline section was brief, and the main points
that we were able to make in the NZ ASD Guideline
were:
• No strong evidence existed associating autism
with criminal behaviour
• It was possible that autism-related behavioural
traits and characteristics were associated with risk
of committing offences
• Contact with the police, courts and criminal justice
system was anxiety provoking, and people with
autism needed support
• The guideline also included advice aimed to
prevent the need for contact with police, courts
and criminal justice, and to support people when
contact happens, and opinion on training and
other needs of police, courts and criminal justice
staff regarding autism.
Since then there has been a welcome increase in
research into autism and criminal justice. Nevertheless,
this important area remains under-researched. In this
short article, I summarise the literature in three areas:
the prevalence of criminal offending by people with
autism; factors related to autism which should be taken
into account when a person with autism is suspected of
engaging in a criminal act; and the support that people
with autism may need when appearing in criminal
courts as complainants, witnesses or defendants.

12

Prevalence
If we based our opinions on how dangerous or criminal
people with autism are on the popular media, we’d
be seriously mistaken. People with autism make
headlines, whether it’s for something good (i.e., like
winning an international talent quest), or something
really bad (like spree murder). In fact, autism is often
speculated when atrocious crimes occur. How many
times have you read about some person who shot up
a school/movie theatre/shopping mall having autistic
tendencies, often without any diagnosis ever having
been made? All too often, I believe. The problem is this
leads to a misperception that people on the spectrum
are dangerous, and more likely to commit a criminal
act than neurotypicals. So, what does the academic
research to date say about the prevalence of offending
by people with autism?
• Most people with autism probably do not commit
crimes.
• There is no empirical evidence to support a claim
that there is a link between autism and violence,
but, due to the low number of studies, there is no
evidence to dismiss this claim.
• The few community studies that exist suggest
that people with autism are no more likely than
neurotypicals to commit offences, or possibly less
likely.
• Case studies and reviews of patients in secure
mental health/forensic settings suggest that some
of them have autism, but there are so few of these
studies that no definite conclusions can be drawn.
• Some of these studies suggest that there may be
more people with autism in secure settings than
would be expected if autism was not a factor.
• Risk of criminal offending may increase when
people with autism have co-morbid mental health
conditions, such as psychosis.
• There are lots of methodological problems with this
research. Having the skills to actually identify people
with autism is one of the main problems, combined
with the inability of many police and criminal justice
databases to record autism as a factor.
Factors To Take Into Account
Since the NZ ASD Guideline was published, expert
opinion (supported by some research) had started to
suggest that ASD-related factors should be taken into
account when a person on the spectrum is charged

ALTOGETHER AUTISM JOURNAL • SUMMER 2015

with a crime, and likely to appear in court. These
factors may be able to help police decide whether
or not to charge, what charges to lay, help lawyers
and the court better understand possible motivations
(and whether “criminal intent” was present) of the
person charged, identify mitigating factors, and inform
sentencing options. For example, if a person on the
autism spectrum physically assaults another person,
there might be different legal outcomes if the person
with autism was responding in a state of sensory
overload, as opposed to assaulting someone that
they just did not like. Similarly, trying to get access to
a restricted area related to a special interest might be
considered differently to intentional trespass.

• Poor sensitivity and low responsivity.

Unfortunately due to the context in which the
suggestions are made, the language used is rather
negative. Nevertheless, the factors include:

• Problems with emotional regulation, which can
cause anxiety or panic reactions to be translated
into aggressive acts.

• Problems with, or poor, social awareness naivety.

• Deficits in moral reasoning.

• Difficulty in reading and understanding social
cues/signals, and social interactions, including
misinterpreting the behaviour of others as
threatening.

• The possible impact of other disorders such as
intellectual disability, depression, generalised
anxiety, depression, or bipolar disorder.

• Misunderstanding
social
conventions or rules.

and

interactional

• Misinterpreting social situations, and an inability to
negotiate or to have meaningful negotiations.
• Impairment in social interaction due to an inability
to perceive other people’s needs, desires, or stress,
combined with impaired ability to interpret correctly
other people’s behaviour.
• Limited emotional knowledge.
• Deficient empathy.
• Impulsivity and a lack of awareness of possible
outcomes, hence initiating activity with unforeseen
circumstances, and impulsivity due to anxiety
leading to panic, leading to a response out of
proportion to the situation. The main motive
for action could be to shut down the source of
frustration.
• Egocentricity.
• Suggestibility.
• Narrow focus, obsessions and preoccupations.
• Repetitive behaviours and ritualistic compulsions.
• Disruption to routines, and resistance to changing
behaviour.

• Marked hypersensitivity to sensory stimuli, such as
an aversion to being touched, or distress caused
by noise or light.
• A tendency to focus on details rather than the
whole picture (called “weak central coherence”),
which can make it hard for the person with ASD to
think about and accurately predict consequences
of actions.
• Deficits in the ability to recognise that other people
have unique thoughts and feelings, and to predict
what these might be (called “impaired theory or
mind”).

The guidance recommends that a mental health
professional with expertise in autism studies the case
material, assesses the individual (not only for diagnosis,
but also regarding how/if any of the factors above
might present in the individual), and prepares a report
which sums up all of this information in plain language.
Support in Court for People with Autism Who Are
Complainants, Defendants and Witnesses
Increasingly people on the autism spectrum are being
recognised as “vulnerable witnesses” when appearing in
courts in New Zealand (whether they are complainants,
defendants or witnesses). Within our legal system,
autism symptoms can be taken into account when
courts decide on how a person gives their evidence,
where from, and what support they might need to do
so. Autism is also relevant when determining whether
a person can instruct their lawyer, and follow the court
proceedings sufficiently to participate in their own
defense. Autism could also be relevant when advising
on the management of a defendant during a hearing
(when they are present in court), and in-between times
(when they are present in the courthouse, but not in
the courtroom).
Things that psychologists should consider when
advising courts about people with autism and other
conditions (such as intellectual disability) are:

are unusual or hard for people not experienced in
autism to understand).

• What they are diagnosed with, and how robust that
diagnosis is.

• Their attitude to appearing in court as a complainant,
defendant or witness.

• How much they understand about what they will
be expected to do.

• What support they might need leading up to the
court appearance, during, and afterwards.

• How much trauma they may have experienced,
and what might be the impact of attending court
on this.

• How often and when they might need breaks.

• How they respond to stress, and what support
they might need.
• How well and to what level they can follow verbal
and written language (including the level of language
that should be used by lawyers).
• How they communicate.
• Whether or not they can recognise when they don’t
understand, and inform others of this.
• How suggestible they might be during questioning.
• How well they can determine past, present and
future, and whether they confuse what they know
now with what they knew then.
• How well they manage tasks involving theory
of mind (the ability to recognise and predict the
thoughts and feelings of other people).
• How they might demonstrate emotions in court
(especially if there might be any responses that

• The impact of being in a formal setting, in front of
many strangers.
• Whether any sensory issues might present at court
(e.g. difficulty with fluorescent lights, the sound of
air conditioning etc).
• How they respond to changes in routine, and how
to build attending court into this.
• Whether they have any relevant comorbid
conditions, and the impact of these on their
behaviour in court.
In the end, the best that the psychologist can do is offer
educated advice to the court. It is not obligatory for the
court to follow some or all of the advice. However in
my professional experience, most courts do genuinely
try to minimise the stress on people appearing as
complainants, defendants and witnesses, especially if
they have conditions like autism. They can only do this
if they are forewarned, hence good assessment and
well-reasoned reports are important.

Beyond Diagnosis: Welcome to the
Autism Spectrum
Written by adults on the autism spectrum
who are members of the ASK Trust, the
Welcome Booklet was intially aimed at
the newly diagnosed adult.
The 44 page book explains, cautions
and empowers.
This book is a great resource for
people on the autism spectrum,
caregivers, mentors, professionals,
educators, cousellors, NGOs,
government, media and libraries.

“Everyone has the right to be safe and to feel
safe” says Keeping Safe Feeling Safe Co-Project
Manager, and former Police officer Sue Hobbs.
That is why the Keeping Safe Feeling Safe
(KSFS) project takes a zero tolerance approach
to all forms of violence towards people with
learning disability.
The KSFS project, which is run by People First New
Zealand and funded by Think Differently, aims to
help people who have a learning disability keep safe
and feel safe in the
community.
As part
of the project, KSFS
is also upskilling the
Police and community
services about how to
respond appropriately
when someone who
has learning disability
makes a complaint.
People First is a
Disabled
Persons
Organisation (DPO) that
is run by and for people
who have a learning
disability. People First
chooses to use the
term ‘learning disability’
instead of ‘intellectual
disability’ because it is
more respectful and easier to say.
The rate of violence towards people who have a
learning disability is undeniably high yet not well
studied.
Australian research No Longer Silent:
A study of women’s help-seeking decisions and
service responses to sexual assault (2005) by Denise
Lievore says that women with intellectual disabilities
experience higher rates of sexual assault than the
general population, but have much lower rates of

16

reporting, charging and conviction.
Researchers
estimate that… between 50 to 90 per cent of people
with disabilities have experienced sexual assault during
their lifetime” (Lievore, 2005, p95).
New Zealand
studies have echoed this estimated statistic, although
KSFS Co-Project Manager Kaeti Rigarlsford says she
has anecdotal evidence that the rate may be as high as
97 per cent in the Auckland area.
KSFS is committed to the recommendations put
forth in the Disability Action Plan 2014-2018, the
Putting People First Report and The Hidden Abuse of
Disabled People Residing in the Community paper by
Dr Michael Roguski .
“Keeping Safe Feeling Safe will help to change the way
that the Police and other people take reports so that
people are safe and get their rights in law the same
as everyone else in New Zealand” said Co-Project
Manager Sue Hobbs.
KSFS is a 30 hour workshop that runs in 10 three hour
sessions over 10 weeks. In the workshops participants
are encouraged to
practice and apply
self-advocacy
and
empowerment tools,
and
learn
about
building
positive
healthy
relationships
with others.
These
skills are taught in a fun
and safe way through
role-plays that aim
to be accessible and
easy for everyone to
understand.
Police
officers and staff from
different
community
services
such
as
councillors and sexual
and domestic violence
specialists also attend
the workshop to learn more about working with people
who have a learning disability.
At the workshop participants are given a kit to help
them stay safe. It has a lot of visual aids to show
what it looks like in a situation that is safe, compared
to one that could be unsafe. It also has pictures of
safe places to go if they feel threatened, like the library
or a supermarket, and a place to write down phone
numbers for people that they trust.

ALTOGETHER AUTISM JOURNAL • SUMMER 2015

Every aspect of the work of KSFS is done by consensus
with People First Member Advisors, these are people
who have a learning disability and have contributed
into the design and provided the co-project managers
with advice and ongoing direction for the project.

KSFS Co-Project Manager Kaeti Rigarlsford says that
the most important thing is to “listen, listen, listen,
and support the person to take action. This is about
people recognising that if there is any murmur, or any
evidence of abuse they must take it seriously.”

One of the Member Advisors is Sam. He is a disability
rights advocate and works at a supermarket in
Devonport. Sam has been diagnosed as being on the
autism spectrum which he says is “great”.

“We are all responsible to change the culture of violence
in New Zealand. We need to be responsible for our
own behaviour, and if we see something, we need to
say something” said Co-Project Manager Kaeti.

In the KSFS workshop Sam shares his story about
surviving abuse.
Sam decided to share his story
because he wanted to inspire the police to do more
to protect people who have a learning disability. He
says he was quite shy at first because he did not know
how many people would understand what he has been
through. “Growing up in Devonport, the idea is that you
come from a safe family, and violence is something that
happens in South Auckland. [Doing the workshop]
was my opportunity to say that violence is in the
North Shore as well, and it is not just in pubs, it is also
at home.”

More KSFS workshops are being planned in Auckland
to start around June. The workshops are free to attend
and support people and community professionals are
also welcome.
If you would like to register your interest for
a workshop, know more about KSFS, or get
advice please contact Kaeti Rigarlsford at
kaeti@peoplefirst.org.nz and 021754754, or
Sue Hobbs at sue@peoplefirst.org.nz and 027
4477 087.

Tackling the epidemic of abuse towards people with
learning disability requires a multifaceted approach.
Some people with learning disability find it hard to keep
themselves safe. “Keeping safe is instinctive, but I
don’t have that instinct. It seems that you have to read
people’s minds and I am not good at that” says Sam.
Furthermore “many people with learning disabilities do
not report abuse because they do not think they will be
taken seriously” says Co-Project Manager Sue Hobbs,
from her experience in the Police force.
Sam’s advice to people who have experienced any
form of violence is to “find refuge in a public place,
tell a trusted adult and seek counselling through a
DPO. A DPO can tell you about a good councillor that
understands disability.”

altogether
autism
conference
2015

Sam wants people to feel okay about telling their story.
“It is important that people know what is going on, but
only tell people that you trust” he says. KSFS is also
working to develop ‘talk about it’ centres where people
with learning disability can feel safe to tell their story.
People have responded really positively to Sam’s
story in the workshop.
“There has been a lot of
understanding and a lot of support. I was quite
shocked that the Police even understood a bit. They
made a pledge that they would take back what I had
mentioned and try to improve. I thought woah that is
different.” People have told him that his story is “very
touching, very insightful, helpful, and very sad”.

22 - 23 july
holiday inn airport hotel
auckland

register today at
altogetherautism.org.nz

ALTOGETHER AUTISM JOURNAL • SUMMER 2015

book
review

extremely socially isolated and the victim of school
bullying and sexual abuse for many years. His parents
were intensely involved and supportive, and Nick’s
mother Kitty’s account in particular describes how their
family revolved around loving and caring for Nick.

This provocative book gives a unique perspective
of autism, sexuality and the law, written by a
collaboration of authors.
It opens with a painfully honest account by Nick Dubin,
diagnosed with Asperger syndrome at age 27, and
traces his journey from childhood to adulthood, through
isolation and bullying, to academic and professional
success. This hard-won success was brought to a
sudden and devastating end when Nick was arrested
in 2010 in a high-profile case by the FBI for accessing
child pornography.
Through the shared authorship, this ground-breaking
book examines how an otherwise law-abiding, rulerespecting professional with Asperger syndrome
became a criminal, and how ASD impacted his
psychosexual development, with advice on essential
strategies and education to gain a better understanding
of ASD and sexuality.
One of the most powerful aspects of the book is the
window offered by Nick’s personal account which
allows the reader to understand the context of his
viewing of child pornography. Nick’s lived experience
is discussed by Tony Attwood, renowned clinical
psychologist with over thirty years experience with
ASD. Nick’s parents also contribute to this book, with
his mother sharing her journey as a parent and writer,
and his father writing as both a father and a lawyer.
Finally, Isabelle Hénault, a psychologist specializing in
relationships and sexual education, contributes her
insights on ASD and sexuality. It is the combination
of painful honesty and well-researched evidence that
makes this book highly relevant and informative for
people on the spectrum, parents and professionals.
As a child with undiagnosed Asperger’s, Nick was

18

One of the consequences of Nick’s arrest was the
resulting disintegration of his independence; on the day
of his arrest, he moved back home after nine years of living
on his own. In a few short paragraphs, Kitty describes
the impact of this on her marriage, her family and
her health.
The unique combination of social isolation, emotional
immaturity and sophisticated computer literacy can
make some people on the spectrum particularly
vulnerable to unwittingly viewing illegal pornography.
The absence of information addressing this vulnerability
makes this book a very timely publication.
The honesty of Nick and his parents in their first person
accounts makes this very compelling reading. Do not
be put off by the rather dry title – most of the book is
told as a story, backed with credible research, robust
referencing and expert opinion.
While this book comes from a US perspective which
has a different legal system from that in New Zealand,
the shared legal foundation in English common law and
judicial precedent ensures that the content is relevant
in general terms for our local readership.
Both US and NZ legal systems condemn child
pornography and this book does not seek to minimize
the abuse children suffer from this criminal industry.
However, Nick’s role in viewing these images is
understood as related to, if not resulting from, his
victimization as a child and the failure of numerous
American professionals to adequately recognise and
address his psychosexual immaturity, a failure that is
equally possible here in New Zealand.
The most important message in this book is that failing
to teach children about sexuality and legal boundaries
leaves them vulnerable to breaking laws with a potential
prison sentence – something particularly devastating
for people on the spectrum.
The inadequacies of the criminal justice system to
deal appropriately with people with ASD are also
addressed, with comprehensive recommendations to
begin to remedy these shortfalls. The Autism Spectrum,
Sexuality and the Law is therefore valuable reading for
parents, professionals and people with ASD, to inform
strategies to prevent others from the trauma of coming
to the attention of the criminal justic system.

ALTOGETHER AUTISM JOURNAL • SUMMER 2015

This title and many others are
available to borrow free of charge
from the Parent to Parent library.
The library can be accessed from
www.parenttoparent.org.nz.
You can also request a print copy
of the library list by phoning
0508 236 236.

positive
trend from
new research
How can the justice system be made fairer for
people with disabilities?
The New Zealand Law Foundation funded a two
year research project (2012-2014) into the legal
experiences of people with intellectual disabilities (I.D.).
The lived experience of people with I.D. (40), lawyers
(15) and judges (13) were explored through interviews
and analysed thematically. All three participant groups
shared a commitment to improve the responsiveness
and accessibility of the legal system. The critical
starting point was identified as understanding the
person, “taking the time to get to know the person,
the impact of their impairment and their positive and
negative life experience” (Mirfin-Weitch, Diesfeld,
Gates & Henaghan, 2014, p. 69). During an interview
on National Radio’s Nine to Noon on 25/2/15, lead
researcher Brigit Mirfin-Veitch said she was “heartened
by the positive practice of the legal professionals who
took part in the research”. A full transcript of the report
is available from the Law Foundation or by contacting
Altogether Autism.
Mirfin-Veitch, B., Diesfeld, K., Gates, S. & Henaghan,
M. (2014). Developing a more responsive legal
system for people with intellectual disability in New
Zealand. Dunedin, New Zealand: Donald Beasley
Institute. Retrieved from http://www.lawfoundation.
org.nz/wp-content/uploads/2014/12/2011_38_36Final-Research-Report-Donald-BeasleyInstitute_11_12_14.pdf

Prism Professional Development Series
has been developed by Altogether Autism
specifically for professionals working with
people on the autism spectrum.
The series has been designed in consultation
with Tanya Breen Consultant Clinical
Psychologist and maintains Altogether Autism’s
emphasis on
evidence-based strategies.
The interactive workshops are completely
customisable, so you choose the topics, time
frame and the location.
Each workshop is delivered by trained
researchers
and facilitators.
We are now taking bookings for 2015 and
recommend you contact us to see how Prism
can benefit you.

do you want to be better informed, appropriately skilled
and well educated around autism?
Then you aut tâ&#x20AC;&#x2122;be at the 2015 altogether autism conference.
Altogether Autism is holding its second conference and we are
now inviting submissions of workshops and presentations.
We invite submissions from people on the autism spectrum,
and for people working in various professions and in a variety of
environments with both children and adults on the
autism spectrum.

We invite expressions of interest from people with lived
experience and/or professional expertise, to deliver workshops
and presentations aimed at promoting positive attitudes and
outcomes throughout the autism community.